2011-04ORDINANCE NO. 2011-04
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING DIVISION 5 "ARTS AND
CULTURAL CENTER ADVISORY BOARD" OF ARTICLE
III "ADVISORY BOARDS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE BY AMENDING
SECTION 2-191 "CREATION, COMPOSITION AND
QUALIFICATIONS," SECTION 2-192 "APPOINTMENT OF
BOARD MEMBERS PROCESS", SECTION 2-193
"ADVISORY CAPACITY ", SECTION 2-194 "RULES OF
PROCEDURE; QUORUM", AND SECTION 2-195
"MISSION; JURISDICTION AND DUTIES"; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, AS FOLLOWS:
Section 1: Section 2-191 of the City Code is hereby amended as follows:'
Sec. 2-191. Creation, composition and qualifications.
A. There is hereby created and established the City of Aventura Arts and
Cultural Center Advisory Board (the "Board") consisting of a
minimum of seven (7) and a maximum of nine (9) members who
shall be appointed by the Mayor, subject to the approval of the City
Commission. Five (5) members of the Board shall be residents of
the City and the few-{4} remaining members may be from within or
outside the City limits. Members of the Board shall be appointed in
accordance with procedures established herein and shall hold office
at the pleasure of the City Commission. Members of the Board shall
' 'Underlined text has been added; ^*-°^''°•ot~text has been deleted from existing language.
Ordinance No. 2011-04
Page 2
serve without compensation and shall not be reimbursed for travel,
mileage, or per diem expenses. Members shall serve for a two year
term and may be reappointed in accordance with the process
outlined herein.
B. (i) Each one of the five (5) resident members of the Board shall
be a qualified elector of the City of Aventura who has
continuously resided within the City for the six-month period
immediately prior to the appointment, and shall not be an
employee of the City. Any member of the Board who ceases
to reside within the City, and has been selected as a resident
appointment shall be deemed to have resigned as of the
date of his or her change of residence.
(ii) The remaining #e~-(4-} members shall be selected without
preference to residence, but shall have resided at their
residence for a continuous period of six months immediately
prior to appointment.
(iii) In the event of the resignation or removal of any member of
the Board, the Mayor shall appoint a person to fill the
vacancy on such Board for the unexpired portion of the term
of the member vacating such office, subject to approval of
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Ordinance No. 2011-04
Page 3
the City Commission in accordance with procedures
established herein.
C. In the event that a member of the Board shall be absent and unexcused
from aduly-called meeting of the Board for three consecutive meetings,
then in that event such member shall automatically be removed as a
member of the Board by the City Manager. An excused absence shall be
requested in writing via email, fax or letter prior to the Board meeting.
D. The City Manager or his designee shall provide necessary staff support for
the Board.
Sec. 2-192. Appointment of Board Members Process.
A. Individuals wishing to be a member of the Arts and Cultural
Center Advisory Board shall make application to the City
Manager on the forms provided by the City. The City Manager
shall interview all applicants and make recommendation to the
Mayor. The Mayor shall appoint to the Board members from the
list of applicants recommended by the City Manager, subject to
the approval of the City Commission.
B. In recommending members of the Board, the following guidelines
shall be considered:
The membership of this Board should be representative of
the broad spectrum of the arts and have specific experience
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and a strong commitment to performing arts including
music, dance, the dramatic arts, the visual arts and the
cultural arts.
(ii) All efforts should be made for the membership of this Board
to be representative of all age groups
Sec. 2-193. Advisory capacity.
The powers and duties of the Board shall be solely of an advisory nature
to the City Manager and Arts & Cultural Center 8i~ester General Manager. The
City Manager shall be responsible for communicating to the City Commission the
actions of the Board.
Sec. 2-194. Rules of procedure; Quorum
A. The Board shall adopt rules of procedure not inconsistent with the
ordinances of the City and the laws of the State of Florida and shall utilize
Robert's Rules of Order recently revised 1990 Edition for the rules of procedure
for the conduct of meetings of the Board. The Board may create additional rules
for the conduct of its internal proceedings.
B. During the first meeting of the Board and annually thereafter the
members shall elect one of their members to act as Chairperson and may elect a
Vice-Chairperson, both of whom shall serve for one-year and may be re-elected.
C. Five members shall constitute a quorum for the transaction of
business of the Board. Official action shall be taken by the Board only upon the
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concurring vote of a majority of the members present at an official meeting of the
Board, except that at least five (5) affirmative votes shall be required for official
action.
Sec. 2-195. Mission; Jurisdiction and Duties.
A. The Mission of the Board is to assist the City in develey+r~g maintaining a
facility that offers a wide range of quality entertainment year-round and
cultivates partnerships with other local and regional organizations to
enhance the quality of life for Aventura by providing a variety of performing
arts and relevant cultural programming for audiences of all ages.
B. The jurisdiction of the Board shall be solely advisory. Action of the Board
shall be in the form of a written recommendation of advice to the City
Manager and/or Arts & Cultural Center ~estef General Manager. The
following matters shall be within the advisory jurisdiction of the Board:
(1) Promote the mission of the Arts & Cultural Center and broad
spectrum of performing arts.
(2) R~VIPIN tk1l~~P' "yfa~s-io-v~tf~q-~~°~Ar~c~ ~vr•- 'vvTC'~zri
~tFtC1-C~ s-Te 6~'~q-~p~crh ° A rf Q /~ i~ I4 ~ ~ r I !~ L 1'1 i t°n+
Provide input on programming options as requested by the City
Manager and Arts & Cultural Center General Manager Final
programming decisions shall rest with the Arts & Cultural Center
8i~ester General Manager.
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(3) Recommend fundraising and sponsorship opportunities and assist
with the implementation of same to support the Center's operations
and programming. The Board may accept donations on behalf of
the Center in a manner as approved by the City Manager.
(4) Review polices and regulations t,"a#-h~-~e r~se~,~;Q~ as
reauested by the City Manager and Arts & Cultural Center ~e~er
General Manager as it relates to the Arts & Cultural Center.
(5) Assist in the promotion of the Arts & Cultural Center programs and
assist in organizing the annual "Curtains Up" event.
C. The Board shall meet quarterly or more frequently as determined
by the City Manager.
Section 2. Section 2. Conflicts. All Ordinances or parts of Ordinances
and all Resolutions or parts of Resolutions in conflict herewith are repealed to the extent of
such conflict.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
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Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on first reading. The motion was seconded by Commissioner Joel and,
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Vice Mayor Diamond, who moved its
adoption on second reading. This motion was seconded by Commissioner Joel, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb yes
PASSED AND ADOPTED on first reading this 5th day of April, 2011.
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PASSED AND ADOPTED on second reading this 14th day of April, 2011.
-,
/~
l l SAN GO LIEB, MAYOR
- n
ESA ~SO~tOKA,, MMC
' CLE K II
APPROVED AS TO LEGAL SUFF~ILIENCY:
CITY ATTORNEY